BAR HARBOR—The Bar Harbor Town Council denied an outdoor amusement permit for Terramor Resort during its council meeting, Tuesday night, while also approving the same permit for Sassafras Cafe.
Both permits allow for outdoor amplified music that cannot go over 71 decibels.
The music, Terramor Outdoor Resort General Manager Russ Gibbons explained Tuesday night, is for wedding parties.
Back in June 2020, the resort had applied for an outdoor special amusement permit which would allow music, but it was denied because outdoor amplified music wasn’t yet allowed in the town.
Tuesday night’s denial wasn’t because it isn’t allowed. It was because multiple Town Hill residents came to the meeting and said that music at the site would impact their ability to enjoy the peace and tranquility of their homes in the Town Hill area.
Sassafras Cafe, another business located in Town Hill, received approval for the renewal of its permit which was also for outdoor mechanical amplification of three or more musicians with acoustic instruments and vocal microphones. It was quickly renewed with no comment.
Both properties are on State Highway 102, however, Terramor’s property extends further back from the road.
The Terramor Outdoor Resort permit was denied with only Councilor Steven Boucher voting in favor of it. Boucher said he was reluctant to say no to a permit prior to the business having that permit and presupposing that it would violate the ordinance by playing music over the mandated decibel level.
Gibbons said that the resort has had three weddings onsite this year and there would likely not be that many next year. The permit, he said, would be used for those possible weddings.
“We occasionally have a wedding onsite,” he said. “Each one is different.”
The concerns, he said, seem to come from when weddings have music on one certain pavilion area, which the resort could limit. The resort’s requirement currently is that wedding parties cannot be outside after nine p.m., which is also the limitation for special amusement permits with outdoor amplification. The weddings are on Saturdays, which are very common, he said.
However, the town’s permit does not allow councilors to put restrictions on applications such as “only play music in the north of the property facing east,” or “only play music on Saturdays.” This is somewhat typical for most towns with permits, which are required for places where there are both liquor licenses and live music.
One of the council’s goals is to review that permit and process, which Vice Chair Maya Caines and others spoke to during the meeting.
During public comment, Michael Good of Town Hill, was one of many who asked the council to not approve the resort’s permit, saying it would disturb the peace and tranquility of rural Town Hill. He said he’d never heard such loud music as he did when there was a deejay at the site on September 27.
“We hear everything from down in the valley,” Good said. “Everyone around our neighborhood will have their peace and tranquility destroyed.”
Good spoke to the sound waves moving through the area negatively impacting both the humans and animals in the area.
“Some of our neighbors have lived there their whole lives,” he said. His family has been there for over three decades.
Susanna Ausema of West Eden Avenue also said she and her family value the community and wildlife of the area.
“We’re nature lovers and as a result we spend a lot of time outside,” she said, adding that she was drawn to the neighborhood because of its peace and quiet.
She said that every single household on her road and an adjacent road was concerned.
Another West Eden Avenue resident agreed and asked the councilors to deny the permit, saying, “I don’t think that amplified music is appropriate in this setting.”
Paula Huntsman, who is a nurse, said she rents her house to help her stay living on the island, renting to two people at a time and advertises it as being a peaceful place.
“I’d like to be able to continue that,” she said.
A Gilbert Farm Road resident, who abuts Terramor’s property, said she has two horses and she is concerned about the horses running back and forth between pastures during amplified music. “It’s just a really wonderful, peaceful place.”
Another abutter also asked that it be denied and said there had been outdoor music for three weeks in a row without a permit. She said they called the police, who came.
”The sound just comes right up,” she said.
A special amusement permit is required by the town for any business licensed for the sale of liquor or malt liquor prior to allowing “any music, except a radio or other mechanical device, or any dancing or entertainment of any sort.” The State of Maine allows this requirement to be placed into effect.
Noise regulation under Chapter 14 of the town’s code differs from the general noise regulation under Chapter 139 of the town code in that Chapter 14 only applies to special amusement permits issued to establishments that are licensed to sell liquor or malt liquor and are providing music, dancing, or any other entertainment.
Bar Harbor Police Sgt. Chris Dickens said that the police did respond to a neighbor’s complaint about music coming from Terramor last month.
An officer responding to the site for a noise complaint didn’t feel that it reached the decibel limit, he said. He verified that music was being played and the department learned after the fact that a special amusement permit was not in place.
“They didn’t feel like it was a violation of the standalone ordinance,” Sgt. Dickens said, “or the state law.”
Sgt. Dickens’ comments were interrupted by a member of the public.
“No further action was taken under either the ordinance or statute. Under the state statue it requires first that if there is a disorderly event in a private place, a warning has to be given to the involved parties in a private place,” Sgt. Dickens said when he continued.
This allows the parties to be aware of the complaint and moderate the noise before an officer can take further action.
Councilor Earl Brechlin saw no difference between this request as the Links Pub and the lobster pound in the Stony Brook area.
“People have bought their homes, have their properties with expectations of a certain level of quiet, of tranquility, as everything around them changes,” Brechlin said.
He said its put upon the neighbors to get action when there is loud music.
“I really don’t want to subject them next summer to having to make one call, much less ten, over the course of the summer,” Brechlin said.
PAST DENIALS
There were two earlier denials in 2025 for outdoor permits, though there have been other outdoor amplification denials in the past. The council has also approved multiple indoor and outdoor permits.
In May, the town council denied Siam Orchid’s Class 3ao special amusement permit application, 5-2. The restaurant is in-town Bar Harbor on Rodick Street. Three nearby residents spoke out against its permit application.
Siam Orchid previously held a Class 3ad Special Amusement Permit. Since it wanted to change permit types, it was considered a new application and not a renewal.
In July, the council similarly denied a Class 3ao special amusement permit application by The Links Pub at the Kebo Golf Club. Approximately 10 nearby residents spoke out against this permit application during public hearing.
The Links Pub (under different owners) had previously held a Class 3ad special amusement permit. This was considered a new application.
The Bar Harbor Story is generously sponsored by Rick Osann Art.
LINKS TO KNOW MORE:
Special amusement permits have class codes. These are the meanings:
- Number – how many musicians are allowed by the permit
- “a” – amplified music is allowed by permit
- “d” – amplified music and dancing are allowed by permit
- “o” – amplified outdoor music is allowed by permit
Noise, Neighborhoods, and Permits:
THE COUNCIL ORDERS:
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